80_FR_79375 80 FR 79132 - Rutherford Railroad Development Corporation-Abandonment Exemption-in Rutherford County, NC; Southeast Shortlines, Inc. d/b/a Thermal Belt Railway-Discontinuance Exemption-in Rutherford County, NC

80 FR 79132 - Rutherford Railroad Development Corporation-Abandonment Exemption-in Rutherford County, NC; Southeast Shortlines, Inc. d/b/a Thermal Belt Railway-Discontinuance Exemption-in Rutherford County, NC

DEPARTMENT OF TRANSPORTATION
Surface Transportation Board

Federal Register Volume 80, Issue 243 (December 18, 2015)

Page Range79132-79133
FR Document2015-31886

Federal Register, Volume 80 Issue 243 (Friday, December 18, 2015)
[Federal Register Volume 80, Number 243 (Friday, December 18, 2015)]
[Notices]
[Pages 79132-79133]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-31886]


-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Surface Transportation Board

[Docket No. AB 567 (Sub-No. 2X); Docket No. AB 568 (Sub-No. 2X)]


Rutherford Railroad Development Corporation--Abandonment 
Exemption--in Rutherford County, NC; Southeast Shortlines, Inc. d/b/a 
Thermal Belt Railway--Discontinuance Exemption--in Rutherford County, 
NC

    Rutherford Railroad Development Corporation (RRDC) and Southeast 
Shortlines, Inc. d/b/a Thermal Belt Railway (TBRY) (collectively, 
applicants), have jointly filed a verified notice of exemption under 49 
CFR part 1152 subpart F-Exempt Abandonments and Discontinuances of 
Service for RRDC to abandon, and for TBRY to discontinue service over, 
approximately 4.97 miles of rail line, between milepost SB 175.5 near 
Alexander Mills and milepost SB 180.47 in Spindale, together with a 
portion of the Bostic Spur, which runs from approximately the northern 
right of way line of U.S. 74 Business, a distance of approximately 
2,441.4' westerly to a point at or near Rail Milepost SF-407.40 and 
Rail Valuation Station 5343+22, in Rutherford County, N.C. (the Lines). 
The Lines traverse United States Postal Service Zip Codes 28043 and 
28160.
    Applicants have certified that: (1) No local traffic has moved over 
the Lines for at least two years; (2) there is no overhead traffic on 
the Lines that would have to be rerouted over other lines; (3) no 
formal complaint filed by a user of rail service on the Lines (or by a 
state or local government entity acting on behalf of such user) 
regarding cessation of service over the Lines either is pending with 
the Surface Transportation Board (Board) or with any U.S. District 
Court or has been decided in favor of complainant within the two-year 
period; and (4) the requirements at 49 CFR 1105.7(c) (environmental 
report), 49 CFR 1105.11 (transmittal letter), 49 CFR 1105.12 (newspaper 
publication), and 49 CFR 1152.50(d)(1) (notice to governmental 
agencies) have been met.
    As a condition to these exemptions, any employee adversely affected 
by the abandonment or discontinuance shall be protected under Oregon 
Short Line Railroad--Abandonment Portion Goshen Branch Between Firth & 
Ammon, in Bingham & Bonneville Counties, Idaho, 360 I.C.C. 91 (1979). 
To address whether this condition adequately protects affected 
employees, a petition for partial revocation under 49 U.S.C. 10502(d) 
must be filed.
    Provided no formal expression of intent to file an offer of 
financial assistance (OFA) has been received, these exemptions will be 
effective on January 19, 2016, unless stayed pending reconsideration. 
Petitions to stay that do not involve environmental issues,\1\ formal 
expressions of intent to file an OFA under 49 CFR 1152.27(c)(2),\2\ and 
trail use/rail banking requests under 49 CFR 1152.29 must be filed by 
December 28, 2015. Petitions to reopen or requests for public use 
conditions under 49 CFR 1152.28 must be filed by January 7, 2016, with 
the Surface Transportation Board, 395 E Street SW., Washington, DC 
20423-0001.
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    \1\ The Board will grant a stay if an informed decision on 
environmental issues (whether raised by a party or by the Board's 
Office of Environmental Analysis (OEA) in its independent 
investigation) cannot be made before the exemption's effective date. 
See Exemption of Out-of-Serv. Rail Lines, 5 I.C.C.2d 377 (1989). Any 
request for a stay should be filed as soon as possible so that the 
Board may take appropriate action before the exemption's effective 
date.
    \2\ Each OFA must be accompanied by the filing fee, which is 
currently set at $1,600. See 49 CFR 1002.2(f)(25).
---------------------------------------------------------------------------

    A copy of any petition filed with the Board should be sent to 
applicants' representative: Jeffrey A. Bandini, Parker Poe Adams & 
Bernstein LLP, P.O. Box 389, Raleigh, NC 27602.
    If the verified notice contains false or misleading information, 
the exemptions are void ab initio.
    Applicants have filed a combined environmental and historic report 
that addresses the effects, if any, of the abandonment and 
discontinuance on the environment and historic resources. OEA will 
issue an environmental assessment (EA) by December 24, 2015. Interested 
persons may obtain a copy of the EA by writing to OEA (Room 1100, 
Surface Transportation Board, Washington, DC 20423-0001) or by calling 
OEA at (202) 245-0305. Assistance for the hearing impaired is available 
through the Federal Information Relay Service (FIRS) at 1-800-877-8339. 
Comments on environmental and historic preservation matters must be 
filed within 15 days after the EA becomes available to the public.
    Environmental, historic preservation, public use, or trail use/rail 
banking conditions will be imposed, where appropriate, in a subsequent 
decision.
    Pursuant to the provisions of 49 CFR 1152.29(e)(2), RRDC shall file 
a notice of consummation with the Board to signify that it has 
exercised the authority granted and fully abandoned the Lines. If 
consummation has not been effected by RRDC's filing of a notice of 
consummation by December 18, 2016,

[[Page 79133]]

and there are no legal or regulatory barriers to consummation, the 
authority to abandon will automatically expire.
    Board decisions and notices are available on our Web site at 
``WWW.STB.DOT.GOV.''

    Decided: December 15, 2015.

    By the Board, Rachel D. Campbell, Director, Office of 
Proceedings.
Jeffrey Herzig,
Clearance Clerk.
[FR Doc. 2015-31886 Filed 12-17-15; 8:45 am]
BILLING CODE 4915-01-P



                                                  79132                       Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices

                                                  2]; Native American Grave Protection                    DEPARTMENT OF TRANSPORTATION                             Provided no formal expression of
                                                  and Repatriation Act [25 U.S.C. 3001–                                                                         intent to file an offer of financial
                                                  3013].                                                  Surface Transportation Board                          assistance (OFA) has been received,
                                                    6. Social and Economic: Civil Rights                  [Docket No. AB 567 (Sub-No. 2X); Docket               these exemptions will be effective on
                                                                                                          No. AB 568 (Sub-No. 2X)]                              January 19, 2016, unless stayed pending
                                                  Act of 1964 [42 U.S.C. 2000(d)–
                                                                                                                                                                reconsideration. Petitions to stay that do
                                                  2000(d)(1)]; American Indian Religious
                                                                                                          Rutherford Railroad Development                       not involve environmental issues,1
                                                  Freedom Act [42 U.S.C. 1996]; the                       Corporation—Abandonment                               formal expressions of intent to file an
                                                  Uniform Relocation Assistance and Real                  Exemption—in Rutherford County, NC;                   OFA under 49 CFR 1152.27(c)(2),2 and
                                                  Property Acquisition Policies Act of                    Southeast Shortlines, Inc. d/b/a                      trail use/rail banking requests under 49
                                                  1970 [42 U.S.C. 61]. Farmland                           Thermal Belt Railway—Discontinuance                   CFR 1152.29 must be filed by December
                                                  Protection Policy Act [7 U.S.C. 4201–                   Exemption—in Rutherford County, NC                    28, 2015. Petitions to reopen or requests
                                                  4209].                                                                                                        for public use conditions under 49 CFR
                                                    7. Wetlands and Water Resources:                         Rutherford Railroad Development                    1152.28 must be filed by January 7,
                                                  Clean Water Act [33 U.S.C. 1251–1387]                   Corporation (RRDC) and Southeast                      2016, with the Surface Transportation
                                                                                                          Shortlines, Inc. d/b/a Thermal Belt                   Board, 395 E Street SW., Washington,
                                                  (Section 404, Section 401, Section 319);
                                                                                                          Railway (TBRY) (collectively,                         DC 20423–0001.
                                                  Land and Water Conservation Fund Act                    applicants), have jointly filed a verified
                                                  [16 U.S.C. 460l–4—460l–11]; Safe                                                                                 A copy of any petition filed with the
                                                                                                          notice of exemption under 49 CFR part                 Board should be sent to applicants’
                                                  Drinking Water Act [42 U.S.C. 300f—                     1152 subpart F–Exempt Abandonments
                                                  300j–9.]; Rivers and Harbors Act of 1899                                                                      representative: Jeffrey A. Bandini,
                                                                                                          and Discontinuances of Service for                    Parker Poe Adams & Bernstein LLP, P.O.
                                                  [33 U.S.C. 401–406]; Transportation                     RRDC to abandon, and for TBRY to                      Box 389, Raleigh, NC 27602.
                                                  Equity Act for the 21st Century (TEA–                   discontinue service over, approximately                  If the verified notice contains false or
                                                  21) [23 U.S.C. 103(b)(6)(m), 133(b)(11)]                4.97 miles of rail line, between milepost             misleading information, the exemptions
                                                  (wetlands mitigation banking); Flood                    SB 175.5 near Alexander Mills and                     are void ab initio.
                                                  Disaster Protection Act of 1973 [42                     milepost SB 180.47 in Spindale,                          Applicants have filed a combined
                                                  U.S.C. 4001–4129].                                      together with a portion of the Bostic                 environmental and historic report that
                                                    8. Hazardous Materials:                               Spur, which runs from approximately                   addresses the effects, if any, of the
                                                  Comprehensive Environmental                             the northern right of way line of U.S. 74             abandonment and discontinuance on
                                                  Response, Compensation, and Liability                   Business, a distance of approximately                 the environment and historic resources.
                                                                                                          2,441.4′ westerly to a point at or near               OEA will issue an environmental
                                                  Act [42 U.S.C. 9601–9675]; Superfund
                                                                                                          Rail Milepost SF–407.40 and Rail                      assessment (EA) by December 24, 2015.
                                                  Amendments and Reauthorization Act
                                                                                                          Valuation Station 5343+22, in                         Interested persons may obtain a copy of
                                                  of 1986 [PL 99–499]; Resource                           Rutherford County, N.C. (the Lines). The
                                                  Conservation and Recovery Act [42                                                                             the EA by writing to OEA (Room 1100,
                                                                                                          Lines traverse United States Postal                   Surface Transportation Board,
                                                  U.S.C. 6901–6992(k)].                                   Service Zip Codes 28043 and 28160.                    Washington, DC 20423–0001) or by
                                                    9. Executive Orders: E.O. 11990                          Applicants have certified that: (1) No             calling OEA at (202) 245–0305.
                                                  Protection of Wetlands; E.O. 11988                      local traffic has moved over the Lines                Assistance for the hearing impaired is
                                                  Floodplain Management; E.O. 12898                       for at least two years; (2) there is no               available through the Federal
                                                  Federal Actions to Address                              overhead traffic on the Lines that would              Information Relay Service (FIRS) at 1–
                                                  Environmental Justice in Minority                       have to be rerouted over other lines; (3)             800–877–8339. Comments on
                                                  Populations and Low Income                              no formal complaint filed by a user of                environmental and historic preservation
                                                  Populations; E.O. 11593 Protection and                  rail service on the Lines (or by a state              matters must be filed within 15 days
                                                  Enhancement of Cultural Resources;                      or local government entity acting on                  after the EA becomes available to the
                                                                                                          behalf of such user) regarding cessation              public.
                                                  E.O. 13007 Indian Sacred Sites; E.O.
                                                                                                          of service over the Lines either is                      Environmental, historic preservation,
                                                  13287 Preserve America; E.O. 13175
                                                                                                          pending with the Surface                              public use, or trail use/rail banking
                                                  Consultation and Coordination with                      Transportation Board (Board) or with
                                                  Indian Tribal Governments; E.O. 11514                                                                         conditions will be imposed, where
                                                                                                          any U.S. District Court or has been                   appropriate, in a subsequent decision.
                                                  Protection and Enhancement of                           decided in favor of complainant within
                                                  Environmental Quality; E.O. 13112                                                                                Pursuant to the provisions of 49 CFR
                                                                                                          the two-year period; and (4) the                      1152.29(e)(2), RRDC shall file a notice of
                                                  Invasive Species.                                       requirements at 49 CFR 1105.7(c)                      consummation with the Board to signify
                                                     Authority: 23 U.S.C. 139(l)(1).                      (environmental report), 49 CFR 1105.11                that it has exercised the authority
                                                                                                          (transmittal letter), 49 CFR 1105.12                  granted and fully abandoned the Lines.
                                                    Issued on: December 7, 2015.
                                                                                                          (newspaper publication), and 49 CFR                   If consummation has not been effected
                                                  John M. Cater,                                          1152.50(d)(1) (notice to governmental                 by RRDC’s filing of a notice of
                                                  Division Administrator, Lakewood, Colorado.             agencies) have been met.                              consummation by December 18, 2016,
                                                  [FR Doc. 2015–31487 Filed 12–17–15; 8:45 am]               As a condition to these exemptions,
                                                  BILLING CODE 4910–22–P                                  any employee adversely affected by the                   1 The Board will grant a stay if an informed
                                                                                                          abandonment or discontinuance shall be                decision on environmental issues (whether raised
                                                                                                          protected under Oregon Short Line                     by a party or by the Board’s Office of Environmental
                                                                                                                                                                Analysis (OEA) in its independent investigation)
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                                                                                                          Railroad—Abandonment Portion
                                                                                                                                                                cannot be made before the exemption’s effective
                                                                                                          Goshen Branch Between Firth &                         date. See Exemption of Out-of-Serv. Rail Lines, 5
                                                                                                          Ammon, in Bingham & Bonneville                        I.C.C.2d 377 (1989). Any request for a stay should
                                                                                                          Counties, Idaho, 360 I.C.C. 91 (1979). To             be filed as soon as possible so that the Board may
                                                                                                          address whether this condition                        take appropriate action before the exemption’s
                                                                                                                                                                effective date.
                                                                                                          adequately protects affected employees,                  2 Each OFA must be accompanied by the filing
                                                                                                          a petition for partial revocation under               fee, which is currently set at $1,600. See 49 CFR
                                                                                                          49 U.S.C. 10502(d) must be filed.                     1002.2(f)(25).



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                                                                              Federal Register / Vol. 80, No. 243 / Friday, December 18, 2015 / Notices                                                      79133

                                                  and there are no legal or regulatory                    Ammon, in Bingham & Bonneville                         CFR 1150.41 to acquire from The
                                                  barriers to consummation, the authority                 Counties, Idaho, 360 I.C.C. 91 (1979). To              Baltimore and Annapolis Railroad
                                                  to abandon will automatically expire.                   address whether this condition                         Company d/b/a Carolina Southern
                                                    Board decisions and notices are                       adequately protects affected employees,                Railroad Company (CALA) and to
                                                  available on our Web site at                            a petition for partial revocation under                operate one mile of rail line between
                                                  ‘‘WWW.STB.DOT.GOV.’’                                    49 U.S.C. 10502(d) must be filed.                      milepost AC 290.0 and milepost AC
                                                    Decided: December 15, 2015.
                                                                                                             Provided no formal expression of                    289.0, at or near Whiteville, N.C.,
                                                                                                          intent to file an offer of financial                   pursuant to a mediation agreement
                                                    By the Board, Rachel D. Campbell,
                                                                                                          assistance (OFA) to subsidize continued
                                                  Director, Office of Proceedings.                                                                               reached between RJCS and CALA on
                                                                                                          rail service has been received, this
                                                  Jeffrey Herzig,                                                                                                June 19, 2015.2
                                                                                                          exemption will be effective on January
                                                  Clearance Clerk.                                        19, 2016, unless stayed pending                           RJCS certifies that the proposed
                                                  [FR Doc. 2015–31886 Filed 12–17–15; 8:45 am]            reconsideration. Petitions to stay that do             transaction does not involve a provision
                                                  BILLING CODE 4915–01–P                                  not involve environmental issues and                   or agreement that may limit future
                                                                                                          formal expressions of intent to file an                interchanges of traffic with a third-party
                                                                                                          OFA to subsidize continued rail service                connecting carrier.
                                                  DEPARTMENT OF TRANSPORTATION                            under 49 CFR 1152.27(c)(2) 1 must be                      RJCS also certifies that its projected
                                                                                                          filed by December 28, 2015.2 Petitions                 revenues upon consummation of the
                                                  Surface Transportation Board                            to reopen must be filed by January 7,
                                                                                                                                                                 proposed transaction will not result in
                                                  [Docket No. AB 55 (Sub-No. 751X)]                       2016, with the Surface Transportation
                                                                                                                                                                 the creation of a Class I or Class II rail
                                                                                                          Board, 395 E Street SW., Washington,
                                                  CSX Transportation, Inc.—                                                                                      carrier and states that its projected
                                                                                                          DC 20423–0001.
                                                  Discontinuance of Service                                  A copy of any petition filed with the               annual revenues will not exceed $5
                                                  Exemption—in Bell and Harlan                            Board should be sent to CSXT’s                         million.
                                                  Counties, Ky.                                           representative: Louis E. Gitomer, Law                     This transaction may be
                                                                                                          Offices of Louis E. Gitomer, LLC, 600                  consummated on January 2, 2016, the
                                                     CSX Transportation, Inc. (CSXT) filed
                                                                                                          Baltimore Avenue, Suite 301, Towson,                   effective date of the exemption (30 days
                                                  a verified notice of exemption under 49
                                                                                                          MD 21204.                                              after the verified notice was filed).
                                                  CFR pt. 1152 subpart F—Exempt                              If the verified notice contains false or
                                                  Abandonments and Discontinuances of                                                                               If the verified notice contains false or
                                                                                                          misleading information, the exemption
                                                  Service to discontinue service over an                  is void ab initio.                                     misleading information, the exemption
                                                  approximately seven-mile rail line on                      Board decisions and notices are                     is void ab initio. Petitions to revoke the
                                                  CSXT’s Southern Region, Huntington                      available on our Web site at                           exemption under 49 U.S.C. 10502(d)
                                                  Division, CV Subdivision, Engineering                   ‘‘WWW.STB.DOT.GOV.’’                                   may be filed at any time. The filing of
                                                  Appalachian Division, also known as                                                                            a petition to revoke will not
                                                  the Pucketts Creek Branch between                         Decided: December 15, 2015.
                                                                                                                                                                 automatically stay the effectiveness of
                                                  milepost OPC 223.0 and milepost OPC                       By the Board, Rachel D. Campbell,
                                                                                                          Director, Office of Proceedings.                       the exemption. Petitions to stay must be
                                                  230.0 in Bell and Harlan Counties, Ky.                                                                         filed no later than December 24, 2015 (at
                                                  (the Line). The Line traverses United                   Kenyatta Clay,
                                                                                                          Clearance Clerk.
                                                                                                                                                                 least seven days before the exemption
                                                  States Postal Service Zip Codes 40845,                                                                         becomes effective).
                                                  40856, and 40863, and includes two                      [FR Doc. 2015–31862 Filed 12–17–15; 8:45 am]
                                                  stations, Alva (FSAC 43932/OPSL                         BILLING CODE 4915–01–P                                    An original and 10 copies of all
                                                  19940) at milepost OPC 223.0 and                                                                               pleadings, referring to Docket No. FD
                                                  Piedmont (FSAC 43931/OPSL 19930) at                                                                            35978, must be filed with the Surface
                                                  milepost OPC 230.0.                                     DEPARTMENT OF TRANSPORTATION                           Transportation Board, 395 E Street SW.,
                                                     CSXT has certified that: (1) No local                                                                       Washington, DC 20423–0001. In
                                                                                                          Surface Transportation Board                           addition, a copy of each pleading must
                                                  traffic has moved over the Line for at
                                                  least two years; (2) because the Line is                [Docket No. FD 35978]                                  be served on Jeremy J. Sylvester,
                                                  not a through line, no overhead traffic                                                                        Moynahan, Irvin & Mooney, PSC, 110
                                                  needs to be rerouted over other lines; (3)              R. J. Corman Railroad Company/                         North Main Street, Nicholasville, KY
                                                  no formal complaint filed by a user of                  Carolina Lines, LLC—Acquisition and                    40356.
                                                  rail service on the Line (or by a state or              Operation Exemption—The Baltimore
                                                                                                                                                                    Board decisions and notices are
                                                  local government entity acting on behalf                and Annapolis Railroad Company d/b/
                                                                                                          a Carolina Southern Railroad Company                   available on our Web site at
                                                  of such user) regarding cessation of                                                                           ‘‘WWW.STB.DOT.GOV.’’
                                                  service over the Line is pending either                   R. J. Corman Railroad Company/
                                                  with the Surface Transportation Board                                                                            Decided: December 15, 2015.
                                                                                                          Carolina Lines, LLC (RJCS) has filed a
                                                  (Board) or with any U.S. District Court                 verified notice of exemption 1 under 49                  2 RJCS was authorized previously to operate this
                                                  or has been decided in favor of
                                                                                                                                                                 one-mile line as incidental, local trackage rights, in
                                                  complainant within the two-year period;                   1 Each  OFA must be accompanied by the filing        addition to being authorized to acquire and operate
                                                  and (4) the requirements at 49 CFR                      fee, which is currently set at $1,600. See 49 CFR      two interconnected rail lines totaling approximately
                                                  1105.12 (newspaper publication) and 49                  1002.2(f)(25).                                         74.98 miles between specified points in North
                                                                                                             2 Because this is a discontinue proceeding and
                                                                                                                                                                 Carolina and South Carolina. R. J. Corman R.R—
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                                                  CFR 1152.50(d)(1) (notice to
                                                                                                          not an abandonment, interim trail use/rail banking     Acquis. & Operation Exemption—The Baltimore &
                                                  governmental agencies) have been met.                   and public use conditions are not appropriate.         Annapolis R.R., FD 35897 (STB served Jan. 28,
                                                     As a condition to this exemption, any                Because there will be environmental review during      2015), as corrected on November 27, 2015. R. J.
                                                  employee adversely affected by the                      abandonment, this discontinuance does not require      Corman Railroad Group, LLC, and R. J. Corman
                                                  discontinuance of service shall be                      an environmental review.                               Railroad Company, LLC, were authorized to
                                                                                                             1 The notice was originally filed on November 25,   continue in control of RJCS upon RJCS’s becoming
                                                  protected under Oregon Short Line                       2015, but was supplemented on December 3, 2015.        a Class III rail carrier. R. J. Corman R.R. Grp.—
                                                  Railroad—Abandonment Portion                            Therefore, December 3, 2015, will be the official      Continuance in Control Exemption—R. J. Corman
                                                  Goshen Branch Between Firth &                           filing date and the basis for all subsequent dates.    R.R., FD 35898 (STB served Jan. 28, 2015).



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Document Created: 2015-12-18 01:38:15
Document Modified: 2015-12-18 01:38:15
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
FR Citation80 FR 79132 

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